Nashville, TN – When someone succumbs to their injuries after any kind of accident, they will obviously not be able to bring a lawsuit for damages against the person responsible. However, there are civil lawsuits that allow the family members to bring the case on the deceased person’s behalf. This is allowed under each state’s wrongful death statute. While the rules for wrongful death cases are slightly different from civil negligence cases, the same types of entities can be named as defendants in both cases.
Parties that are made to answer for a wrongful death
Essentially anyone who could be made to answer in a civil negligence case can also be named as a defendant in a wrongful death case. This includes the individual driver of a vehicle, businesses that own fleets of vehicles, government agencies and entities, or the owner of a property where the incident happened. When the person becomes a defendant in a lawsuit, they will receive the formal complaint from the plaintiff and have a chance to answer their allegations. They can also contest the plaintiff’s version of events through various types of evidence at trial if they desire to do so rather than settle the case.
Damages available to family members
If any of these entities are found to be liable, they will have to pay out damages to the family. These damages include funeral and burial services, the person’s future lost wages and income, the value of various services the person could have provided if they had lived, and non-economic damages for emotional pain, suffering, and trauma. In cases where the victim was young or had a high earning potential, these damages can potentially add up to numbers in the thousands or millions of dollars.
Other rules related to fatal accidents
There is always a shorter statute of limitations for wrongful death lawsuits than regular negligence and personal injury cases. This means that the victim’s family should attempt to get legal help as soon as realistically possible after the accident to avoid missing any deadlines. There are also restrictions on who can bring the case on the deceased person’s behalf. A spouse or children who were financially dependent on the victim will usually be the ones to bring the case. In situations where they are not available, parents or siblings have been the ones to file.
Accident attorneys that handle cases involving fatal injuries
Any family that needs legal advice after a family member has passed away in an accident can speak with a local attorney for more information. George Fusner is an experienced accident and injury lawyer that has decades of experience assisting clients in the Nashville area.
Firm contact info:
7104 Peach Court, Brentwood TN 37027